We are constantly called upon to investigate whether or not a police officer was proper in how that officer searched a car that had been pulled over. There are many answers to this question because there are many different factual scenarios that arise when a police officer pulls over a car. Generally speaking, however, a police officer does not get the right to search your car simply because you have been pulled over. In one recent case, the Court of Appeals found that once the police officer had determined that the driver had the proper registration and had no warrants, the officer could not thereafter search that driver's car. That officer would have had to see open and obvious evidence of criminal activity after he approached the car in order to have any basis for further detention of the driver or occupants.
Every case has its own set of facts - and not every trial judge and court of appeals see the constitutional issues in the exact same way. After all, that is why we have a court of appeals. Call us if you need any further info on these issues. 800-529-1966.